STATE v. MERRILL

No. S-96-591.

563 N.W.2d 340 (1997)

252 Neb. 510

STATE of Nebraska, Appellee, v. Ronald MERRILL, Appellant.

Supreme Court of Nebraska.

May 16, 1997.


Attorney(s) appearing for the Case

Vicky L. Johnson, Fillmore County Public Defender, for appellant.

Don Stenberg, Attorney General, and Jennifer S. Liliedahl, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.


CONNOLLY, Justice.

We are asked to determine an issue of first impression. That is, whether the appellant, Ronald Merrill, had a "legitimate expectation of privacy" in his driveway so as to invoke his rights under the Fourth Amendment to the U.S. Constitution.

Law enforcement officers reacting to a citizen's tip drove to Merrill's rural residence, stopped in his driveway, and observed growing, cultivated marijuana plants from their patrol vehicle. On the basis...

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